[2020] KECA 222 (KLR)
The court found that, considering the reasons advanced by the applicant and the procedural history, the application for stay should be certified as urgent. The judge noted the delay in hearing the application, partly due to the non-functionality of the Court of Appeal at Nyeri and other stations outside Nairobi, and...
Source-derived case information.
- Citation
- [2020] KECA 222 (KLR)
- Parties
- Applicant: Embu Gaturi Housing Co-op Society; Respondent: Wamae Njenga; Respondent: Simon Njogu Muturi; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 118 of 2018
- Procedural Posture
- Stay Application / Application for Certification of Urgency and Listing for Hearing
- Outcome
- Application for urgency certified; motion to be listed for hearing.
- Judges
- S ole Kantai
- Legal Topics
- Stay of Execution, Urgency Certification, Appeal Process Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Embu Gaturi Housing Co-op Society
Applicant
Wamae Njenga
Respondent
Simon Njogu Muturi
Respondent
The Attorney General
Respondent
Procedural Posture
Stay Application / Application for Certification of Urgency and Listing for Hearing
Legal Issues
- 1 Whether the application for stay should be certified as urgent and listed for hearing.
- 2 Whether the applicant complied with court directions regarding submissions.
Ratio Decidendi
The court found that, considering the reasons advanced by the applicant and the procedural history, the application for stay should be certified as urgent. The judge noted the delay in hearing the application, partly due to the non-functionality of the Court of Appeal at Nyeri and other stations outside Nairobi, and the impact of the COVID-19 pandemic. The court emphasized the importance of compliance with court orders regarding submissions but determined that the urgency of the matter warranted certification and listing for hearing.
Court Disposition
Application for urgency certified; motion to be listed for hearing.
Orders
- The Motion dated 18th September, 2018 is certified as urgent.
- The Motion is to be listed for hearing accordingly.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NYERI
(CORAM: KANTAI, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. 118 OF 2018
BETWEEN
EMBU GATURI HOUSING CO-OP SOCIETY........................APPLICANT
AND
WAMAE NJENGA.............................................................1STRESPONDENT
SIMON NJOGU MUTURI..............................................2NDRESPONDENT
THE ATTORNEY GENERAL.......................................3RDRESPONDENT
(Being an application for stay against the Judgment of theHigh Court of Kenya
at Embu (F. Muchemi, J.) dated 22ndFebruary, 2017inHC. C.A. No. 22 of 2014)
*****************
I perused the Certificate of Urgency, Motion dated 18th September, 2018 and the accompanying affidavit of Sylvester N. Muruatetu and was not satisfied that the Motion was urgent. I declined to satisfy the Motion as urgent. That was on 24th September, 2018 when I served at the Court of Appeal in Nyeri.
By a letter dated 7th October, 2020 M/S Muma & Kanjama, Advocates, have rehashed the journey travelled by the applicant in the matter and pray that the President of the Court of Appeal be pleased to appoint a single Judge to hear the application.
My understanding of the contents and prayer in that letter is that I hear the parties inter partes as provided by rule 47(5) of the Rules of this Court.
On 19th October, 2020 I asked Deputy Registrar of this Court in the prevailing COVID-19 pandemic to request the parties to file on-line 3 page submissions for my consideration. The applicant has filed submissions which run into 6 pages, despite the said requirement, and I am of the view that lawyers should comply with orders made for there is a reason why courts make orders.
I do not know why the application which was filed in September, 2018 (more than 2 years ago) has not been heard. I had on 24th September, 2018 ordered that the Motion be listed by the Court Registry in the usual way. I am aware that the Court of Appeal in Nyeri and other stations outside Nairobi stopped being functional early this year for various reasons. It is possible that this has contributed to applications like this one, and appeals, not being reached.
The Motion dated 18th September, 2018 asked that the appeal be deemed as duly filed. That application is not now before me and has to be listed for hearing.
Considering all the reasons given in the letter dated 7th October, 2020 I certify the Motion as urgent. Let it be listed for hearing accordingly.
Dated and dated at Nairobi this 6thday of November, 2020.
S. ole KANTAI
....................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR